Trainers, Affiliates Push Back at HBPA Panel on HISA Fairness

Brent Malmstrom told an HBPA panel that HISA enforcement has cost him "millions of dollars" and threatens trainers' livelihoods, crystallizing a session described as one of the most contentious at the HBPA conference on March 5, 2026. Malmstrom, joined by National HBPA lead counsel Daniel Suhr and scientists including Dr. Thomas Tobin, framed the dispute around what they called "fundamental fairness" in testing and adjudication under the Horseracing Integrity and Safety Authority.

The legal backdrop sharpened the stakes. The National HBPA and twelve state affiliates celebrated a unanimous Fifth Circuit ruling on July 5, 2024, holding that HISA violated the private non-delegation doctrine and calling the Authority a "radical delegation" of governmental power. The U.S. Supreme Court later issued a grant, vacate and remand order, directing the Fifth Circuit to reconsider Nat’l HBPA v. HISA in light of its Consumers’ Research decision. Daniel Suhr said, "This is a huge victory for horsemen and for the rule of law in this country. Our Constitution protects our freedom by ensuring regulatory power is exercised through transparent and accountable government agencies."

Panelists pressed procedural and scientific reforms. Malmstrom delivered the session’s sharpest procedural critique, saying, "We believe that you cannot take someone's economic livelihood away from them without an appropriate opportunity to defend yourself," and added, "Today … you go through this arbitration process, where you don't get to pick the arbitrator, it's assigned, where you don't get to do discovery, you don't get to do disclosures, you don't get to do depositions. … It's really about fundamental fairness." He recounted footing legal bills for trainers including Jonathan Wong and trainers he does not personally know such as Phil Serpe.

Moderator Peter Sacopulos urged adding mediation to HISA’s adjudication system, warning of the cost barrier to judicial review. "Because many in this industry simply cannot afford to go through the administrative gauntlet and then try to look at judicial review," Sacopulos said, "it's simply too expensive … for the average person to purchase." His remedy would channel disputes toward negotiated resolution rather than the current arbitration-first track.

Scientific witnesses pressed for "no-effect" testing thresholds to distinguish trace environmental transfer from performance-altering use. Dr. Thomas Tobin, a researcher with three decades on thresholds, characterized minute trace findings as "irrelevant," and Dr. Rob Holland supported adopting science-based cutoffs patterned after human testing. Trainer Ron Moquett supplied an expensive environmental transfer anecdote that underscored how tiny positives can trigger major legal and reputational costs. More than 1,100 horsemen and industry stakeholders filed comments with the Federal Trade Commission supporting the petition to implement no-effect thresholds.

Industry officials and allies continue to push a legislative alternative. National HBPA CEO Eric Hamelback said, "RHSA is a common-sense solution, rooted in state cooperation, science, and fairness. We can protect the integrity of the sport without trampling the rights of horsemen." The HBPA is backing the Racehorse Health and Safety Act, sponsored by Senator Tom Cotton and Representative Clay Higgins, which would create an interstate compact for state-driven medication and safety rules.

Ed Martin of the Association of Racing Commissioners International questioned HISA’s value proposition, arguing the program has produced "minimal" benefits relative to "substantial cost to tracks and horsemen." With the Fifth Circuit remand pending and the HBPA signaling legislative and appellate follow-through, the conference closed with clear lines drawn: trainers and owners demanding affordable adjudication and science-based testing, and HBPA leaders pledging continued court and Capitol Hill action to reshape how medication and enforcement are governed.